State v. Hoyer

Citations

• 105 Wash. 160
• 177 P. 683
• 1919 Wash. LEXIS 530

Syllabus

<p>Homicide (5, 6)—Manslaughter—Elements—Killing With Design—Statutes. Under Rem. Code, §§ 2392-2395, defining murder in the first degree as the killing with premeditated design to effect the death of the person killed, murder in the second degree as the killing with such design but without premeditation, and manslaughter as every other killing not excusable or justifiable, killing with a design to effect death is murder and the element of manslaughter is excluded, even if under provocation or sudden heat of passion.</p> <p>Homicide (111)—Instructions—Self-Defense. Upon an issue as to self-defense, an instruction that before the killing there must have been some overt act of the person killed, is not erroneous in failing to use the words “assault with the naked fist,” where there was no dispute as to the deceased’s having used his hands only in the immediately preceding encounter, in view of proper following instructions from which the jury could not have been misled by the words “overt act.”</p> <p>Same (111). In a prosecution for murder where there was evidence that accused armed himself and then provoked an attack and shot the deceased, it is proper to instruct that the right of self-defense is allowed as a shield and not a sword, and that a person must act honestly and not provoke an attack as an excuse for killing.</p> <p>Same (38)-—Evidence—Admissibility—Previous Quarrels. In a prosecution for murder, evidence as to the details of previous quarrels and ill-feeling is admissible to show motive.</p>